tv [untitled] July 15, 2012 7:00am-7:30am PDT
item number one. public comment. members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission. with respect to agenda items, members of the public may address the commission for up to three minutes at the time such item is called. nobody wants to speak. amazing. we will move on to item no. 2. review and approve the minutes of june 26. i am sure the commissioners have removed -- reviewed them so we can have a motion.
>> a motion to approve the minutes. [please stand by] >>president newlin: ok, everyo's favorite item. report of the executive director. >> i know you are not being sarcastic at all. just briefly, a couple of things short enough to not bother writing a memo. i put in the tab behind you in your binder the review of ab 45 which is the assembly bill legislation regarding party bosses and there was some movement last week, there was a press conference where we got this handout which again, if
you're interested in keeping it, it is to cited and has contact information on the back about changes, the background that it brought forward. and the progress that is made and the support that it has. so according to assemblyman hale's office, it cleared the judicial committee last week and referred to the preparations. i do not know why so do not look at me like i am crazy. i am just reporting the progress of the bill. but it is not likely it will move your preparations until after the summer break that the assembly takes and i will stay on this and keep you updated. this is focused on underage
drinking but what this is trying to do is a step in the right direction. assign responsibility to human beings in the buses as opposed to some vague notion of a company or something that is not real, involving more responsibility in the form of a fine or license suspension to the operators of the buses. and the supposed hosts or guardians in the buses. given what we have seen in the past for the ability for people to take personal responsibility and have consequences on them individually, hopefully this will move things in the right direction for across the board, not just people underage but everyone drinking and buses. >> why isn't your name on here? >> i do not know. i can ask. >> this is statewide support,
san mateo police department. >> that sounds pretty local. >> the assemblymen is from the area. that is why. >> he is n ot from -- not from that area. >> ok, moving on. i wanted to remind the commission again that starting august, we will be moving our hearing time, our hearing day and our room. we will be on the first and third tuesdays as opposed to the second and fourth starting in august. our meetings will start at 5:30 p.m. and some of you are not listening to me but you have to listen because you're going to forget and it will show up late. room for 16 -- for 16 -- 416. i will keep doing this until we get it. i wanted to let you know that
happily, and i do not know, it was two weeks ago, we did get our new enforcement position in the budget. so we're extremely pleased that we will be enlarging our department by one. and we're working hard to revise the announcement for the position because the last time we did an announcement for the position we did not know what we were announcing. we have a very good idea what the job is and what it entails and requires in terms of skills and abilities. we were working hard to get in front of the funding coming through. so we can get as soon as we possibly can start paying someone on board so there is not a big lead time. that will be great and that person will be introducing -- introduced as soon as possible. if you have any idea, i do not
have the announcement done yet. you should forward those folks to the staff if you have candidates. we will put them in the hopper and make sure they get an announcement for one that arrives. lastly, i wanted to remind everyone that we chose the date of august 6 for our industry summit. this is our fourth annual industry summit. august 6 is a monday. it will be 1:00 p.m. to 4:00 p.m.. the news we got today was exciting. the director of the abc will be attending and will speak to the assembly. i hope he will stay for the balance of the day. i do not know how long or how much interaction he will want to have but he will address the industry with respect to whatever the policy direction of the abc is and whatever their
new enforcement goals are, what ever else he has got to say. we were able to get to steve hardy. and -- his deputy will be there as well. that is great and i hope the mayor will also be in attendance and that is out. and for the sake of asking, the lieutenant governor and see if he will come and speak about jobs because jobs are a big part of our industry in the city as well. so, the panel is booked for that and sgtv will stream that and people can watch on the internet. at 3:00 a.m. when they're watching tall 26 -- channel 26, they can watch that again. >> good evening, commissioners.
my report is a little stand tonight as you'll see but will go over it really quickly and -- a little thin tonight as you will see but we will go over it really quickly. numbers from pride this year, saturday and sunday, we are categorizing it into reported fights, medical incidents. if you have questions on that i can answer. last meeting we promised these numbers to you. above that, you will see one address, at 1077 mission. this was operating after hours underground parties. there were called odyssey. this is something that working with officer chan, he and i have been able to get some traction they're both with the promoters. we have been in contact with them. those events were supposed to cease.
we will see if that happens but it was a great example of we were able to get the information and the southern and entertainment commission were able to work together closely and get good results. you'll see on that list the 16th and valencia area. we're continuing to put resources into that area. we're seeing some improvement. better security, most of the locations in that area as reported previously. security was not professional, not guard carted -- carteded. we are moving into the warning if you do not do this you will get a ticket phase. we're seeing some change in the area. other areas like books straight and 11th street. when we can get in there -- like polk street and 11th street. when we can get in there so
clubs and venues can step up their game there are positive results. moving down the list, you will see list for those of you who sent notices of violation. the administrative citation. you will see under administrative citation milo lounge. this venue came before you, they had been warned and cited by no. station and by this department for operation without a permit after a long time of playing that game with them. they did finally come and apply. the applied for the -- a place of entertainment and continue to operate. they were warned several times by this department and northern station. and cited once by no. station and once by this department. the following weekend, upon
entering the location, we once again found them to be operating without a permit. where they were sighted again by this department. at this point, due to that and talking with no. station's permanent officer, officer boyle, my recommendation is they'd not be issued a place of entertainment. that is up to the commission and the commission will make that decision. as the inspector for this department, my recommendation this time is they have been given opportunity, they have been educated, they have been warned and continue to do what they are doing. my recommendation at this point is they either -- i can discuss with the director of the best approach whether we deny it out right or do we bring them back in. i am not sure, we will have to look at the due process and we will report back to the commission. that is kind of it.
unless there are questions. >> on the milo lounge, they're playing their music and singing on the mikes and the whole bit. that is what you are saying. >> what i am saying, i can give you a report if you want. on a -- upon entering the location, they had two common areas and to private karaoke rooms -- two private karaoke rooms. they had microphones and their controls about and all the equipment to do karaoke. >> my other question about pride. how do incidents compared to previous years? >> i am meeting to crunch the numbers but it is looking pretty average.
we had a bit of an increase to medical predominantly because it was pretty hot. and it was a fair amount to younger people who were -- a fair amount of vinegar people who were partying all night. -- younger people who were partying all night. and not drink water. >> you got urban burger and subway. are the opening past a certain time? is that the violation? urban berger is open until 2:00 p.m., the posted hours our until 3:00 a.m. and subway is open 24 hours. they do not close at all. >> i have a question. is there any interest in the vacant position on the commission? >> not directly to me but i know there have been increased due to
various members of the board of supervisors. i have not seen it and i will let you know when we know it is up. i do not have anything. president newlin: any public comment on the report of the executive director? seeing none, item four. police department comments and questions. anybody here? and now -- no? ok. item five. presentation by brian davis, director, freedom from tobacco, a project of the community center presenting research regarding poor air quality at bars and restaurants in san francisco. welcome. >> thank you. -- thank you for having me today. very much appreciate that.
so, let me just before i start. i have a couple of folders with integration in them. -- information in them. the colored report is on our research which you are welcome to look at while i am talking about this. my name is bryan davis -- brian davis and in the executive director of freedom from tobacco. we work for the lgbt community's health and against a tobacco which is targeting our committee. -- big tobacco which is targeting our community. i am a mayor to call the activists and have been since 2000. my husband and i were married in this building. i have been very active in that movement. the reason i bring this up is to
show i am as a civil rights activist, i know i civil rights issue when i see it. the issue of tobacco in the lgbt community is a civil rights issue because the tobacco companies target our community deliberately, knowing that we're vulnerable because of homophobia. the target us to get us to smoke more and because of homophobia, we do smoke more. homophobia obviously is what we're talking about when we're talking about a civil rights issue in our community. big tobacco has been targeting as deliberately since the 1990's. they have done all kinds of advertising deliberately advertising -- targeting us. i have others. they have tried to give money to organizations successfully, in some cases to show support supposedly for us. they even have -- there is an advertisement which was printed on page 6 of the handout which i
would like to talk about because it gets to me. that is an advertisement put out by american spirit which presents itself by -- as being a monopod tobacco company. it is not native american. it is owned by rj reynolds.d sam to this, of freedom to that, freedom to the other thing. freedom to america, of freedom to inhaled, it is all good. this is the kind of thing they are putting out there. whereas in fact they're not supporting us at all. they do not support freedom to marry. they do not support our rights. what they do is give tons of money to the republican party. one example is altria, based in the philip morris. altria gave -- was the fourth
largest corporate donor to the republican party and other large donations from other tobacco companies. just so we know who the good guys and the bad guys here are. homophobia is a major factor in why we smoke more. stress on our use, our lgbt youth increases the amount of smoking. -- stress on our youth, our lgbt youth increases the amount of smoking. also related to homophobia because of societal restrictions or rejection, rather. there are not as many spaces and we go to the bars. as you well know, the bars are where the community goes to build and find community and that is a good thing but bars are also where in many cases, smoking still goes on, including in our city. the message because of that can be a that smoking is a part of
who wewe are in the lgbt community. there is a quote from a youth who said, "all queer young people smoke. it is part of the package." orders that come from? san francisco public health law 19 f, two years old law, and a number of things are requiring that all buildings that are not single-family homes are supposed to have sign stating signs in the front of the building is stating that people have to smoke at the curb or 15 feet away if there is no curb. there is in terms of the backyard patio spaces, a restriction where there is not supposed to be any smoking 10 feet from the entry, exit, or from operable windows.
there is also a definition in the lot of what an outdoor patio is. that definition states among other things that there is no ceiling in that space, in the spaces. so, we went to 35 bars and clubs in the city and we found a general lack of compliance with the law. missing signs in many cases, ignoring the signs in many other cases whether they were there or not. large numbers of people smoking not at the curb and closer to the door. we found that the 10 foot patio distance law in the back was not posted in every case except for one of the 22 bars that we visited that had backyard or side patio's. and we also found that smoking was regularly going on under ceiling spaces where they existed and where there were
over head covers. one of the things is we partnered with ucsf to measure the air quality using scientific instruments that is standard for these measurements around the world. we went into the spaces in four outdoor patio levels -- areas. we found dangerously high particulates in three of those bases. average and ratings in the epa standard on healthy rains. three were worse than the other. what we found that made a distinction between the three and a one were -- and the one were in those three, we had 50% more of those spaces had some kind of overhead cover and they had high walls. what we were saying is spaces that are very similar to indoor spaces in terms of the air circulation aspect. and so second-hand smoke is a serious issue.
the surgeon general says there is no safe level of exposure to secondhand smoke even in the less toxic spaces. it is a serious threat to be considered. 53,000 people a year in this country die from second-hand smoke so it is not something to be taken lightly. it is something to be taken seriously as a health risk rating is not about being bothered. it sis about being protected from the damage. workers have no escape from this toxic air. one example, one bar, one former bartender at a gay bar in san francisco told us, the bar kept filling up with smoke from the patio so i had to choose between my health, my job, and my community. my health won. no one should have to make that kind of choice. no one should have to choose between keeping their job or keeping their health. there have been -- also another
thing that is often thought of in terms of this issue by many people is businesses are harmed by secondhand smoke laws. the fact is all rigorous, scientifically conducted studies on that issue, there have been many, have sean there are no cases where businesses -- have shown there are no cases where businesses lose money and in many cases they make more money when they go smoke-free. we're not asking for any business is to go smoke-free in terms of the backyard patios. if there is a case where a space where it is illegal, we may be asking for that but in terms of the backyard patios which is why i'm here to talk today, but we are requesting is that they're not be any smoking allowed in areas where there is an overhead cover of any kind. there is a total of five recommended guidelines which are
on pages 2 and 3 -- three and four of that package. on the bottom and the top. i'm not going to go over those in detail unless you want me to. the bottom line for us is protecting the health of workers, protected the health of committee members who wish to spend * -- who wish to spend time in the spaces without breathing toxic air. we're not trying to change the law. we want to clarify and add detail here. what we're trying to do is work with the department of public health to clarify the law using the guidelines process that the law allowed. just try to clarify existing law. we're trying to ensure that everyone is clear on what the law requires. most businesses will appreciate getting a clear understanding of what they are to do in order to avoid penalties or confusion
about what the law means. we hope to work directly with the business community which is why i am here talking to you tonight. we're trying to work directly with the business community to the greatest extent possible to minimize conflict and maximize healthy working environments. we are hoping the business community will recognize our guidelines are reasonable and proper for what we're asking. what we would ask of you as the entertainment commission whether or not you agree with our goals is to help us to have a meeting with the bar owners, especially those with a backyard patio. and those in the lgbt community because that is where our project is focused. those who have temporary or permanent ceiling covers over there patio's -- their patios, see if we can find an agreement to protect the community. it is about what the business owners support and agree with and understand, and so there is
a request that -- that would be our request tonight. any questions? president newlin: thank you. is there any questions? >> i know you said in your studied there were certain bars that were particularly harmful -- in your studies, there were certain bars that were particularly harmful. can you name them? >> no. in the agreement the require the bars be anonymous. -- they require the bars be anonymous. >> the health department already requires it but the new law that you cannot smoke in a patio, that is part of your business. >> no. >> before you finish, let me clarify a couple of things.
if it is a restaurant serving food, they cannot have smoking in the outdoor dining areas. quex in one -- >> i own one that has a patio. you're talking about restaurants that do not have one. >> we here permit places that have entertainment, limited live or entertainment permit. there are tons of cars that do not have -- bars that do not have permits and we do not necessarily have their information. >> i appreciate that information. president newlin: since we have a high number of richmond station here, what is your feeling on hookah bars? >> i know that the secondhand
smoke inspector has been working hard on the issue of vukovar. i will leave that -- issue of hookah bars. i will leave that for her to discuss. we know that hookah -- the statistic, i have not looked over this recently, i believe it is something like if you are exposed to hookah pipe 45 minutes, you are exposed to the same amount of nicotine if you were smoking 15 cigarettes. hookah is a serious problem as well. >> do you know what is the current penalty for noncompliance to the log? >> no. we are not focused and i do not believe even the secondhand
smoke inspector at this time although i am not positive about that. our project is not focused on penalties. we're hope -- focused on clarifying the law for the benefit of the businesses as well as for the benefit of the public. which is why i was suggesting we would like to meet with the bar owners rather than just sort of impose on them from on high which we cannot do anyway. we're not the government. president newlin: thank you. is there any public comment on the presentation? >> thank you for your time. president newlin: thank you. that would include the presentation and thank you. item #6, discussion and possible action to review existing place of entertainment commission of the rocket room. action item.